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Humberside Airport PCN

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Hi everybody and thanks for looking at my question, basically I am in the same situation as below:

" Hi Guys

my wife recieved a parking charge notice on the 17/06/2013.

I work offshore and my wife dropped me off as normal at the airport (less than a minute) we stopped in the normal place which is a bus stop.

I returned home thursday and my wife showed me this charge notice it shows 3 photo's of the car one in the bus stop a close up of the number plate and one of me getting out of the car.

the cost is £60.00 pound if not paid it goes up to £100.00

the airport has free parking for up to 15 min so how can this firm charge such an amount

The Firm is call VEHICAL CONTROL SERVICES LTD.

what should i do know

regards

Jason"


The one difference is my vehicle is registered disabled, would this have any impact on an appeal letter?

Thanks

Pete.
«1

Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 25 July 2013 at 12:46PM
    Was anyone in the vehicle at the time disabled?

    There are loads of discussions on here about this airport dropping-off scam, including quite a few relating to VCS at Liverpool, and an avalanche of them regarding Luton (not VCS, but the same principles apply). Have a read of some of them to see what to do.
    Je suis Charlie.
  • Toontown
    Toontown Posts: 5 Forumite
    My Dad is the disabled driver and dropped us off, I feel like going back to the airport armed with expanding foam for their exhaust ready for the Parking eye that's sat there most days :mad:
  • Toontown
    Toontown Posts: 5 Forumite
    I've read through quite a lot of the threads and replies already and I'm defo going to put in an appeal /Challenge, if only to !!!! them off and make things a little harder for them, I'm not giving up £60 that easy LOL
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,097 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Toontown wrote: »
    My Dad is the disabled driver and dropped us off[
    Unlikely to be a valid point, then. It's not as if he needed to get out of the car wherever he chose to stop.
    The usual arguments for these kind of airport charges are:
    POFA cannot apply because
    - you were not parked (stopping to drop off/pick up is NOT parking)
    - roads (probably) subject to statutory authority (Byelaws), on which POFA does not apply
    - quite probably non-compliant paperwork
    No contract, as you will not have been able to see/read/understand the signs as you drove past
    Breach of BPA CoP on signage (probably) - see last point
    Charge does not reflect loss to landowner (it's probably a breach of contract they're alleging).

    You'll probably want to save most of these for the inevitable POPLA appeal. There's loads of stuff here on these airport charges.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Of course you must challenge, but I don't think the disabled angle helps on this one. Lots of other grounds to appeal though. It doesn't matter what you say to VCS 'cos they'll reject it anyway, the crucial thing is do not say who was driving. If you really want to put the wind up them then you need to be covering this stuff:

    Registered keeper cannot be help liable because POFA 2012 does not apply

    POFA 2012 Schedule 4 concerns parking, and your vehicle didn't park, it merely stopped to allow passengers to alight. POFA 2012 Schedule 4 also doesn't apply on roads covered by statutory regulation, which means most private airport roads (they are subject to byelaws).

    No Contract

    The roadside signs purporting to carry the terms of a contract are too small to be read by the driver of a moving vehicle, therefore the driver cannot have entered into a contract.

    VCS is not the landowner therefore you dispute that it has the capacity to enter into contracts regarding the use of this land.

    The driver neither gave nor offered any consideration, and where there is no consideration there is no contract.

    No Loss

    No loss was incurred by VCS or the landowner, therefore the alleged charge is an unenforceable contractual penalty.

    You get the general idea? You'll find more points if you read around this place. You can either challenge VCS on something silly in order to get your PoPLA code, and then hit PoPLA with all the details (and cost VCS £27 + VAT into the bargain) or you can attempt to kill it off right away with the heavy stuff, your call. But whatever you write, be sure you understand it and say it in your own words, just don't identify the driver.

    VCS will send you a misleading acknowledgement trying to trick you into naming the driver, so don't fall for it. Then they will reject your challenge and (hopefully!) send you a PoPLA code.
    Je suis Charlie.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    problem with this as I see it is this.

    Dear VCS,

    Registered keeper cannot be help liable because POFA 2012 does not apply

    POFA 2012 Schedule 4 concerns parking, and my vehicle didn't park, it merely stopped to allow passengers to alight. POFA 2012 Schedule 4 also doesn't apply on roads covered by statutory regulation, which means most private airport roads (they are subject to byelaws).


    Dear Toontown,

    Ok, as registered keeper, are you prepared to tell me who the driver was?

    VCS


    Dear VCS,

    No.

    Toontown

    Dear Toontown,

    Ok - no POFA, no POPLA. Next step, court,

    See You

    VCS


    Then you get the judge who just turned over a decent appeal.

    Not for me!
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    You are such a worrier GD. Anyway, where does it say in either the law of the land or the BPA CoP that No POFA = No PoPLA?
    Je suis Charlie.
  • Toontown
    Toontown Posts: 5 Forumite
    Thanks for the replies.

    I understand that this could all go pear shaped but I think an appeal needs to be done as these people are just targeting easy prey and are cowards, at least a proper traffic warden has to place a fine on your window screen, these people cowardly sit in their vans and you know nothing of the problem until it drops through the door (blood boiling again) lol
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Guys_Dad wrote: »
    p
    Dear Toontown,

    Ok - no POFA, no POPLA. Next step, court,

    See You

    VCS
    Not so. VCS are members of BPA Ltd & as must offer a second level of appeal to the "independent" body POPLA whether they rely on POFA to pursue the vehicle keeper. Some PPCs still go 'old school' pursuing the driver especially if the DVLA is slow in selling the driver details.
  • Lurcher1
    Lurcher1 Posts: 5 Forumite
    I too received a parking charge at Humberside :j. Literally stopped for 20 seconds, husband got out, I drove off.

    However it states the contravention was on the 16th July and the photo's show the 17th!

    Any leg to stand on????
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